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(영문) 광주지방법원 순천지원 2019.06.12 2019고단579

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:50 on February 1, 2019, the Defendant was driving a vehicle with Cink under the influence of alcohol with a 0.116% alcohol concentration, from a remote area (hereinafter referred to as the “Fink”) to a 4km section from the 20:50 Ginung-gun’s Win-gun to the front road of the Nannam Bosung-gun.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (U.S.) were applied to the Defendant by driving the said low-est car at the time and time set forth in paragraph 1, and driving the front of the road set forth in paragraph 1 at the high interest zone to D from the high interest zone to the high interest zone.

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the motor vehicle and by accurately operating the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant neglected this and operated under the influence of alcohol concentration of 0.116%, which is the degree of defluence of walking, and was driven by the victim E (V, 67 years old) who stops on the right side of the front bank. The Defendant received the part of the Defendant’s vehicle back to the left side of the vehicle, and then received the part of the Defendant’s vehicle’s upper part in front of the right side.

As a result, the Defendant, by the above occupational negligence, sustained injury, such as scopical salt, etc., to the victim G (hereinafter referred to as 60 years of age) who was accompanied by approximately two weeks of medical treatment, and suffered injury, such as salt scopies, tensions, etc., which require medical treatment for about two weeks, and escaped without taking necessary measures, such as providing rescue services, by stopping the car at the same time, even though it damages the amount of approximately KRW 4,286,78 of the repair cost by using the pan-coper exchange, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. The actual survey report and on-site photographs;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Each written diagnosis;

1. Application of the written estimate Acts and subordinate statutes